Uber Eats Pro Diamond Yankees Sweepstakes Rules

Date:


If you reach Diamond status between July 1 and 31, you’ll qualify to enter for a chance to win a pair of tickets to a Yankees game! You will be able to choose from a selection of games.

Rules

Uber Technologies, Inc. (“Uber”) is sponsoring the Uber Eats Pro Diamond Yankees Sweepstakes presented by Uber Eats (the “Sweepstakes”). The Sweepstakes is subject to these official rules (the “Official Rules”), and by participating, you (“Entrant”) agree to be bound by them and the decisions of Uber, which are final and binding in all respects. 

NO PURCHASE OR UBER EATS PRO DIAMOND STATUS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR ATTAINMENT OF UBER EATS PRO DIAMOND STATUS DOES NOT IMPROVE YOUR CHANCES OF WINNING.  ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW. SWEEPSTAKES IS NOT OPEN TO THE GENERAL PUBLIC. 

1. Eligibility: The Sweepstakes is open only to legal residents of New York, New Jersey, or Connecticut who: (i) have a delivery account on the Uber – Driver: Drive & Deliver App as of July 1, 2023; and (ii) are 18 years of age or older at the time of participation. Entrants must meet all delivery driver requirements as set forth at (https://www.uber.com/us/en/deliver/) prior to the start of the Sweepstakes Period (as defined below). Drivers who drive with Uber are not eligible to participate unless they are also delivery drivers on the Uber Eats platform and meet the eligibility criteria as described above. Employees, officers and representatives, and the immediate family members of such employees (i.e., parent, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of Uber, New York Yankees Partnership, the other MLB Entities, or any of their affiliated companies, parent companies, subsidiaries, participating promotional partners, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Sweepstakes (collectively, the “Sweepstakes Entities”) are not eligible to enter. “MLB Entities” means the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLB”), Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated, and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees, and agents of the foregoing entities. Additionally, individuals who are employed by any local, state or federal government office or agency, elected officials and individuals listed on the OFAC Specially Designated Nationals and Blocked Persons (SDN) List are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local rules, laws, and regulations. 

2. Sweepstakes Period: The Sweepstakes Period (“Sweepstakes Period”) begins at 12:00 a.m. Eastern Time (“ET”) on July 1, 2023 and ends at 11:59 p.m. PT on July 31, 2023 (the “Sweepstakes Period”). Uber’s computer is the official time-keeping device for the Sweepstakes.  All entries must be received during the dates and times specified in the Sweepstakes Period.

3. How to Enter: During the Sweepstakes Period, Entrants must enter using one of the following methods:

Method #1 – Uber Eats Pro Diamond Status: Achieve or maintain Uber Eats Pro Diamond status during the Sweepstakes Period. Once you receive an email and/or in-app notification that Uber has confirmed your Diamond Status, click on the link to the Sweepstakes entry form, which can be found https://forms.gle/KCStcq3kU4VXqaSz9. Submit your full name, email address, phone number, and state of residence to receive one (1) entry. Details regarding the Uber Eats Pro program and Diamond Status requirements can be found at https://www.uber.com/us/en/deliver/uber-pro/. To enter via this method, courier accounts must be in good standing and must already have, or obtain, Uber Eats Pro Diamond Status during the Sweepstakes Period. 

Method #2 – Free Alternate Method of Entry Form: To enter the Sweepstakes without achieving Diamond Status, submit your full name, email address, phone number, and state of residence, on the entry form found https://forms.gle/KCStcq3kU4VXqaSz9 to receive one (1) entry.

Limit one (1) entry per individual, per email address and/or courier account throughout the Sweepstakes Period, regardless of method of entry.  

All entries must be received no later than the end of the Sweepstakes Period to be considered. Multiple Entrants are not permitted to share the same email address or Uber Eats Pro account.  Any entries that constitute unlawful behavior will be disqualified from the Sweepstakes. Uber in its sole discretion will decide whether a given entry satisfies the criteria for entry in the Sweepstakes. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified.  Use of any automated system to participate is prohibited and will result in disqualification.  In the event of a dispute as to any entrant, the authorized account holder of the email address associated with the courier account on the entry will be deemed to be the entrant.  The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the entry.  Each potential winner may be required to show proof of being the authorized account holder.  Uber will make the final determination of identity of entrants in its sole discretion. All entries submitted in compliance with these Official Rules and not disqualified or void are considered “Eligible Entries.” 

4. Prizes: Thirty (30) Winners (as defined below) will each receive the following: Two (2) tickets for winner and one (1) guest to a 2023 New York Yankees regular season home game to be played at Yankee Stadium in the Bronx, New York (exact ticket date and seats to be determined in Uber’s sole discretion, and shall be subject to availability) (each, a “Prize”). Approximate retail  value of each ticket is: $50.00.

Total aggregate retail value of the Sweepstakes prizes (collectively referred to, “Prize” or “Prizes”) is up to $1,500.00. ONLY ELEMENTS OF THE PRIZES DESCRIBED ABOVE ARE BEING AWARDED TO THE PRIZE WINNERS. 

Prize redemption details shall be provided upon awarding of the Prize. All expenses and other costs not expressly stated in the Prize description are the sole responsibility of the Prize winner. Additional Prize restrictions, conditions and limitations may apply. All elements of the Prize shall be subject to any and all local, state, federal and any other applicable COVID-19 protocols, laws and regulations. Failure to provide any information as requested by the time specified by Uber or their designee for Prize fulfillment purposes, may result in Winner’s disqualification or forfeiture of the Prize. Winners may be required to be physically present and/or must present valid government-issued photo identification to redeem the Prize. 

Exact tickets are not guaranteed and shall be determined in Uber’s’ and the applicable Sweepstakes Entities’ sole discretion.  Winner is solely responsible for all incidental expenses, including ground transportation, meals, tips and gratuities, taxes and fees associated with the receipt and/or use of the Prize. Scheduled games, events, and exhibition dates and times are determined in the sole discretion of the Sweepstakes Entities, as applicable, and may be subject to change. 

A refund or cash equivalent will not be provided to Winner in the event that the actual retail value of the Prize is different than the stated ARV. Any portion of the Prize not accepted, or redeemed by the dates or allotted time set forth in these Official Rules, or unclaimed and/or unused by the Winner will be forfeited and will not be substituted and no additional compensation will be provided, no transfer of Prize to a third party is permitted. Prize and Prize elements may not be separated or redeemed for cash. Prize is non-transferable and no substitution will be made except as provided herein or at Uber’s and the applicable Sweepstakes Entities’ sole discretion. Uber and the applicable Sweepstakes Entities reserve the right to substitute any listed prize for one of equal or greater value if the designated Prize, or any portion thereof, should become unavailable for any reason.  

Ticket Terms: Use of any Major League Baseball game/event/exhibition ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket; see yankees.com/ticketback for details. Seat locations at the game/event/exhibition and, unless otherwise stated in the applicable prize description, exact game/event/exhibition date shall be determined in the sole discretion of Sponsor. Each winner’s guest(s) must be of legal age of majority in his/her(their) jurisdiction(s) of residence unless accompanied by a parent or legal guardian. Major League Baseball game/event/exhibition dates and times are determined in the sole discretion of the BOC and/or the applicable Club and may be subject to change. The terms and conditions of the tickets awarded as part of any prize will govern in the event a legal game/event/exhibition, as defined by Major League Baseball, is not played or held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Each winner and his/her guest(s) agree to comply with all applicable ballpark and venue regulations in connection with the prize; see yankees.com/ballpark for details. Sponsor and the MLB Entities reserve the right to remove or to deny entry to any winner and/or his/her guest(s) who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the game/event/exhibition. Released Parties (as defined below) will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any Major League Baseball game/event/exhibition. Major League Baseball game/event/exhibition tickets awarded as prizes may not be resold, offered for resale, or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture, and may invalidate the license granted by the game/event/exhibition ticket.

If for any reason the Prize is unavailable or a Prize or related event is delayed, canceled or postponed, or for any other reason, Uber and the applicable Sweepstakes Entities reserve the right to modify the Sweepstakes in its sole discretion and award a substitute prize, or portion of prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by the Winners.  Uber and the Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize a Prize or any portion thereof. Winners agree to comply with any additional terms and conditions applicable to the Prize.  The Prize is provided “as is”; Entrants acknowledge that Uber and the Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including any implied warranty of merchantability of fitness for a particular purpose. All costs and expenses not specifically listed above as part of the Prize are solely each Winner’s responsibility, including but not limited to tips and gratuities, and other taxes not otherwise mentioned herein. Any prizes pictured in advertising and other Sweepstakes materials are for illustrative purposes only.

The value of the Prize may be taxable to the winner as income.  All U.S. federal, state and local tax liability, and any other costs and expenses associated with acceptance or use of the prize not specifically provided for in these Official Rules are solely the responsibility of each Winner (regardless of whether the prize, in whole or in part, is used). 

5. Winner Selection and Notification:  Thirty (30) potential winners will be selected in a random drawing by Uber from all eligible entries received throughout the Sweepstakes Period on or around July 10, 2023. Limit of one (1) prize per potential winner for the entire Sweepstakes Period. The potential winners will be notified by phone or email (at the phone number or email provided with the entry or associated with each potential winner’s driver account), and may be required to confirm his/her email address and/or phone number. Details will follow via email. Odds of winning the Sweepstakes depend on the number of eligible entries received during the Sweepstakes Period. 

Uber shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If a potential winner cannot be reached after a reasonable effort has been exerted and/or fails to respond, provide any requested information, or confirm his/her email address within forty-eight (48) hours (or such other time specified by Uber) from when the initial notification phone call or email is sent, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner forfeits the Prize, and an alternate potential winner may be selected. Uber, in its sole discretion and time permitting, will attempt to contact up to three (3) potential winners of each Prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate potential winner may be selected.  

6. Winner Verification:  Potential winners may be required to prove eligibility, including, without limitation, proof of age, residence, and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification within forty-eight (48) hours after being notified of being a potential winner.

Potential winners may be required to complete and sign an Affidavit of Eligibility, release of liability, publicity release form (except where prohibited), and the eligibility of the potential winner will be verified.  Forms must be returned within forty-eight (48) hours (or another time designated by Uber) of receipt by the potential winner.  If any potential winner does not complete all forms necessary within the time given and/or in the event of non-compliance by any potential winner, such potential winner shall be disqualified and shall forfeit the prize, and all privileges otherwise due as a potential winner shall be terminated and an alternate potential winner may be selected in a random drawing from among all of the remaining eligible entries.

Provided that each potential winner is in compliance with the Official Rules and after having successfully proven eligibility, they will be officially confirmed as Winners.  Uber expressly reserves the right to delay the announcement of the Winners for any reason it deems necessary. By entering or accepting any Prize, Winners allow Uber to use the Winner’s entry, name, photograph, likeness, voice, opinions, Prize information, biographical information, hometown and state for publicity and promotional purposes without further compensation where permitted by law.  Except where prohibited, participation in the Sweepstakes constitutes an Entrant’s consent to Uber’s use of Entrant’s entry, name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration.  

Additionally, Uber and the Sweepstakes Entities reserve the right to make a public announcement, announcing the Winners on either the Uber or Uber Eats website, through the Uber or Uber Eats App, or in any manner (including, without limitation, social media (e.g., Facebook, Twitter)), which they deem appropriate.

7. Conditions of Participation.  By submitting an entry for this Sweepstakes, you agree to abide by these rules and any decision Uber makes regarding this Sweepstakes, which Uber shall make in its sole discretion.  Uber reserves the right to disqualify and prosecute to the fullest extent permitted by law any entrant or Winner who, in Uber’s reasonable suspicion, tampers with Uber or any Uber partner site, the entry process, intentionally submits more than a single entry, violates these rules, or acts in an unsportsmanlike or disruptive manner. Uber or their designee may fulfill the Prize to the Winners, and Uber may share your information with a third party for Prize fulfillment purposes.

8. Disclaimer, Release and Limit of Liability.  UBER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE SWEEPSTAKES.  BY ENTERING THE SWEEPSTAKES OR RECEIPT OF ANY PRIZE, EACH ENTRANT AGREES TO WAIVE ALL CLAIMS AGAINST, AND DEFEND, INDEMNIFY, RELEASE AND HOLD HARMLESS UBER, NEW YORK YANKEES PARTNERSHIP, THE OTHER MLB ENTITIES, AND EACH OF THEIR SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/SWEEPSTAKES AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER TORTIOUS CONDUCT, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.  THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR:  (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE SWEEPSTAKES; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES OR THE PROCESSING OF ENTRIES; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.  If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance or completion of the Sweepstakes, or any part of it, for any reason, Uber, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance or completion for any or all of the prizes offered herein.  No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Uber reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

9. Privacy and Use of Sweepstakes Information.  All information submitted by Entrants and collected by Uber in connection with Entrant’s entry will be subject to and will be treated in a manner consistent with Uber’s web site Terms and Conditions accessible at: https://www.uber.com/legal/terms and Uber’s User Privacy Policy available at: https://www.uber.com/legal/privacy. By participating in the Sweepstakes, Entrant hereby agrees that Uber may collect and use his or her personal information submitted with the entry, and acknowledges that he or she has read and accepted Uber’s User Privacy Policy.  Among other things, the information Entrants provide may be used for sending Entrants company updates and announcements about Uber and its products and/or services.

10.  Binding Arbitration:  IF ENTRANT HAS AGREED TO UBER’S TERMS OF USE , THEN THE ARBITRATION AGREEMENT CONTAINED THEREIN WILL GOVERN ANY DISPUTES, CONTROVERSY OR CLAIM(S) ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR ANY PRIZE AWARDED. If Entrant has not agreed to the Terms of Use, then except where prohibited by law, Entrant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) any dispute, controversy or claim arising out of or relating to the Sweepstakes or any prize awarded shall be resolved by binding arbitration administered by the Judicial Arbitration and Mediation Services  (“JAMS”) in accordance with its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) then in effect; (3) any arbitration shall be heard by one arbitrator to be selected in accordance with JAMS Rules, in San Francisco County, California; (4) unless both Entrant and Uber agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative proceeding; (5) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (6) any award or judgment shall be subject to all limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorney’s fees or costs of bringing a claim, or any injunctive or other equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

11.  Governing Law:  All federal, state and local laws and regulations apply.  Void where prohibited by law.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Uber in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the New York law without giving effect to any choice of law or conflict of laws rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.

12. Accessibility of Official Rules:  A copy of the Official Rules is available via https://www.uber.com/blog/diamond-yankees-sweeps/. Where required by law, Uber will provide the name of Winner(s) of a Sweepstakes to those who request it. For the names of Winners: (i) send a self-addressed, stamped envelope postmarked to Uber, LLC, 1515 3rd Street, San Francisco, CA 94158, Attn: Winner List; and (ii) write the name of the Sweepstakes on the lower left hand corner of the envelope. All requests for the names of the Winners must be received within two (2) weeks of the end of the Sweepstakes Period.

13. Sponsored and Administered by: Sweepstakes subject to these Official Rules are solely sponsored and administered by Uber, LLC., 1515 3rd Street, San Francisco, CA 94158 (“Sponsor”).

14. This Sweepstakes is in no way sponsored by any of the MLB Entities. Major League Baseball trademarks and copyrights are used with permission of Major League Baseball. Visit MLB.com. Any questions regarding the Sweepstakes should be directed to  Uber.



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